Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR
N. Suresh Babu – Appellant
Versus
TANGEDCO Rep. by Chairman-Cum-Managing Director, Tamil Nadu Electricity Board – Respondent
| Table of Content |
|---|
| 1. challenge regarding seniority placement. (Para 1 , 4 , 12) |
| 2. arguments regarding appointment dates and regulations. (Para 5 , 6 , 7) |
| 3. court's analysis on the applicability of regulations. (Para 8 , 18 , 21) |
| 4. legal principle on seniority determinations. (Para 19) |
| 5. ruling on seniority adjustments and promotion protections. (Para 24) |
ORDER :
2. Pending consideration of the writ petition, a revised seniority list dated 27.04.2013 was issued, stating that certain names had been erroneously omitted in the impugned letter dated 02.03.2013. This Court, by order dated 29.04.2013 passed in W.M.P.No.2 of 2013, observed that any promotion granted would be subject to further orders to be passed in the miscellaneous petition. Thereafter, the petitioners filed a Miscellaneous Petition seeking amendment of the prayer, which was allowed.
4. Brief facts leading to the filing of the present writ petition are as follows:
4.1. The petitioners claim to be holders of a Bachelor of Engineering degree in Mechanical Engineering. Except for petitioners Nos. 2, 13 to 16, and 18, the remaining petitioners were appointed as Assistant Engineers (Mechanical) by direct recruitment and joined serv
Seniority among Assistant Engineers must be determined by the appointment date per Regulation 97 of TNEB, not by the joining date, ensuring equal treatment and compliance with service regulations.
Seniority - Incumbents from different streams with different quotas cannot challenge grant of seniority from back date to each other.
Revisions to seniority lists in public service must comply with established legal principles regarding merit and prior judicial directives, preserving previously established ranks unless lawfully cha....
The main legal point established in the judgment is that the seniority of the petitioners should be counted from the date of their regularization as Assistant Engineers. The court also emphasized the....
The main legal point established in the judgment is that the seniority list should be prepared based on the existing orders in force during the relevant period, and the court may consider revising se....
Point of Law : 10. Court should not embark upon on and enquiry into the merits of the case and that writ petition should be dismissed on the ground of laches alone.
If an appointment is made by way of stop gap arrangement without considering claims of all the eligible available persons and without following rules of appointment, experience on such appointment ca....
Service matter - Seniority - The seniority cannot be reckoned from the date of occurrence of the vacancy and cannot be given retrospectively unless it is so expressly provided by the relevant service....
Rule 10(a)(i) of the General Rules have to be ranked below TNPSC candidates irrespective of the date of appointment of such TNPSC candidates and special absorption rules candidates.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
